Citation : 2023 Latest Caselaw 5225 Ker
Judgement Date : 20 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
WP(C) NO. 8370 OF 2023
PETITIONER/S:
K.N. MOHANAN, AGED 65 YEARS
S/O. NARAYANAN NAIR, KONNICKAL HOUSE,
RAYAMANGALAM, PERUMBAVOOR, ERNAKULAM, PIN -
683549
BY ADVS.
K.C.VINCENT
T.N.ARJUN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
MUVATTUPUZHA, PIN - 686669
3 THE TAHSILDAR, KUNNATHUNADU TALUK, PERUMBAVOOR
P.O., ERNAKULAM, PIN - 683543
4 THE TAHSILDAR (LAND RECORDS),
KUNNATHUNADU TALUK, PERUMBAVOOR P.O.,
ERNAKULAM, PIN - 683543
5 5. THE VILLAGE OFFICER
PERUMBAVOOR, PERUMBAVOOR P.O.,
ERNAKULAM, PIN - 683543
6 THE SUPERINTENDANT
OFFICE OF THE SUPERINTENDANT OF SURVEY AND LAND
RECORDS, ERNAKULAM, COLLECTORATE,
ERNAKULAM, PIN - 682030
OTHER PRESENT:
GP SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.04.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 8370 of 2023
VIJU ABRAHAM, J.
======================================================
W.P.(C) No. 8370 of 2023
=============================================================
Dated this the 20th day of April, 2023
JUDGMENT
The petitioner seeks for a direction of an expeditious
disposal of Ext.P6 application pending before the 3rd respondent.
The learned Government Pleader, on instructions, submits that the
3rd respondent is ready and willing to consider and pass orders on
the same, but they need some more time to verify the records etc.
2. After hearing both sides, I am inclined to dispose of
this writ petition with a direction to the 3rd respondent to consider
and pass orders in Ext.P6 within an outer limit of one month from
the date of receipt of a copy of this judgment, after affording an
opportunity of being heard to the petitioner. While taking a
decision as directed above, the 3rd respondent shall also look into
the dictum laid down in Indira v. Sub Collector [2020 (4) KLT
635].
W.P.(C). No. 8370 of 2023
With the above said direction, this writ petition is disposed
of.
Sd/-
VIJU ABRAHAM JUDGE das
W.P.(C). No. 8370 of 2023
APPENDIX OF WP(C) 8370/2023
PETITIONER EXHIBITS Exhibit P1 TRUE COPIES OF THE TAX RECEIPTS DATED 08.09.2017 Exhibit P2 A TRUE COPY OF THE SALE DEED NO. 439 OF 1995 OF S.R.O. PERUMBAVOOR Exhibit P3 A TRUE COPY OF THE SALE DEED NO. 4418 OF 1995 OF S.R.O. PERUMBAVOOR Exhibit P4 A TRUE COPY OF THE REPORT OF THE SUPERINTENDANT OF SURVEY AND LAND RECORDS IN FORM 93 DATED NIL SECURED ON 24.01.2023 UNDER RTI ACT Exhibit P5 A TRUE COPY OF THE RELEVANT PAGE OF THE REPORT DATED 06.06.1995 SUBMITTED BY THE CONCERNED TALUK SURVEYOR Exhibit P5(a) TRUE COPIES OF THE BASIC TAX REGISTER RELATING TO SURVEY NOS. 24 AND 57 DATED NIL Exhibit P5(b) TRUE COPIES OF THE SUB-DIVISION STATEMENTS IN FORM 7 DATED 06.06.1995 Exhibit P5(c) TRUE COPIES OF THE SUB-DIVISION SKETCHES RELATING TO SURVEY NOS. 24 AND 57 DATED 06.06.1995 Exhibit P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 12.01.2023 Exhibit1 P7 A TRUE COPY OF THE REPORT OF THE 5TH RESPONDENT DATED 17.01.2023 Exhibit P8 TRUE COPIES OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 22.12.2022
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